(49) Chapter: Making Judgment of people keeping in view their evident actions and leaving their hidden Actions to Allah (swt)

Allah, the Exalted, says:
"But if they repent and perform As-Salat (Iqamat-As-Salat), and give Zakat, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.'' (9:5)
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'Abdullah bin 'Umar (May Allah be pleased with them) reported:
Messenger of Allah (ﷺ) said, "I have been commanded (by Allah) to fight people until they testify that there is no true god except Allah, and that Muhammad is the Messenger of Allah, and perform Salat and pay Zakat. If they do so, they will have protection of their blood and property from me except when justified by Islam, and then account is left to Allah".

[Al-Bukhari and Muslim].

Commentary: This Hadith brings out the following three points:
1. The objective of Jihad. This objective warrants that one must struggle against Kufr (disbelief) and Shirk (polytheism) and the worship of falsehood in all its forms. Jihad has to continue until this objective is achieved. This contention is supported by a Hadith, to the effect that Jihad will continue till the Day of Resurrection. In this Hadith the word (An-Nas) translated above as "people" stands for the polytheists and idolaters. The reason being that other Nasus (pl. of Nass, meaning `text') confirm the exemption of Ahl-ul-Kitab (people of the Scriptures) from it subject to the condition that they agree to pay Jizyah (dues imposed by Islam on the people of the Book living under the
protection of an Islamic state) and submit to the Muslim rule. The Arab pagans have only the choice to either embrace Islam or face war. In the latter case, it is incumbent on the Mulsims to wage Jihad against them to wipe out Kufr and Shirk and raise the banner of Tauhid everywhere.

This Hadith strongly refutes the people who distort the Islamic concept of Jihad and hold that Islam preaches defensive war only. It is an apologetic approach because defensive war has to be fought in any case by every nation and country. Thus, it is a compulsion and needs no justification. The real distinction of Islam lies in its enjoining Muslims to wage war for upholding the truth beside fighting for their own defense. The domination of Kufr, Shirk and falsehood is darkness, heresy and tyranny, and the objective of Islam is to purge the world of all these evils. It aims at liberating man from the worship of man, set them on the path of worship of Allah, and to provide a just and equitable society to mankind. Wherever in the world there is tyranny, ignorance and heresy, Muslims are bound to
fight such evils and finish them by means of Jihad. There is also a third form of Jihad which is waged against countries where Muslims are victims of aggression, suppression and cruelties of the non-Muslims. It is incumbent upon Muslims to liberate their brethren in Faith from the clutches of the non-Muslims by means of Jihad. So long Muslims performed this obligation with a sense of duty, Islam and its followers were dominant in the world and ever since they have ignored this obligation, both are in subjugation and disgrace. In other words, the secret of power and stability of Muslims lies in Jihad. Muslims need to understand this secret like their ancestors.

2. Life and property of every person is secured after his joining the fold of Islam. He will, however, be subject to the law of Islam, one of which is payment of Zakat. If he murders any Muslim, he will also be killed in return, unless the heirs of the victim pardon the murderer or accept blood-money (Diyah) for it.

3. When a person embraces Islam, the laws of Shari`ah apply to him according to his apparent condition only. His heart will not be probed for this purpose. In case, he is not sincere or he has some design in joining the fold of Islam, no action will be taken against him until guilt is fully proved. What he has in his heart will be left to Allah Who will pass judgement on his intention on the Day of Resurrection. This Hadith is related to this chapter for its third point. In their debate on this point, some `Ulama' have contended that such people who believe in Tauhid and obey the injunctions of Shari`ah are not to be declared as infidels.